[Adopted 9-12-1972 (Secs. 2-156 and 2-162 through 2-164
of the 1972 Code)]
[Amended 9-12-1989; 9-26-2000]
A.
The purpose of this article is to provide a set of
procedures designed to obtain the best possible value for the necessary
goods and services purchased by the Town of West Hartford, in accordance
with Chapter VI, Section 2(c), (d) and (e) of the Town Charter. These
procedures are further designed to take advantage of all prudent purchasing
methods and opportunities and provide for the fair and equitable treatment
of all persons involved in public purchasing by the Town of West Hartford.
Nothing in this article should be construed as contradicting the Charter
provisions of the Town of West Hartford. In the event of apparent
conflict, the Charter provisions shall prevail.
B.
This article applies to the purchase of all supplies,
materials, equipment and other commodities and contractual services
and construction (hereafter referred to as "products and services")
required by any department, agency, board or commission of the Town,
irrespective of the source of funds, except the purchase of specialized
goods and contractual services for the purpose of instruction by the
Board of Education and specialized library materials and services
provided for public and staff access by the Library Board. Nothing
herein contained shall be construed to prevent the Town Purchasing
Agent from serving, to the extent requested, as the Purchasing Agent
for all requirements of the Board of Education and Library Board.[1]
[1]
Editor's Note: Former Secs. 2-157 through
2-160, adopted as part of the 1972 Code and which immediately followed
this section, were deemed superseded by an ordinance of 3-24-1981
by the former codifier, with former Sec. 2-158 the only section specifically
repealed by said ordinance.
[Amended 12-13-1983; 10-27-1987; 9-12-1989; 6-28-1994; 9-10-1997; 9-26-2000]
A.
As provided in the Town Charter and this article, the Purchasing Agent shall serve as the principal public purchasing official for the Town and shall be responsible for the procurement of all products and services for the Town. Subject to the limitations set forth in the Charter and in § 18-2 of this chapter, the Purchasing Agent shall have the authority to approve all contract specifications, prescribe the method of source selection to be utilized in the procurement of all products or services, award all contracts for products and services based on a determination of the bidder who offers the best value to the Town and shall have the authority necessary to enforce the purchasing provisions of the Charter and this article. In addition, the Purchasing Agent shall have the following specific duties:
(1)
Inspect all supplies, material and equipment ordered by and delivered to the Town to ensure compliance with specifications and conditions affecting the purchase thereof or delegate the inspection thereof to such Town officials as are authorized to purchase said supplies, materials or equipment in accord with Subsection B of this section.
(2)
Procure and award contracts for, or supervise the
procurement of, all products and services needed by the Town and maintain
custody and care of all contracts for goods and contractual services
to which the Town is a party.
(3)
Transfer between offices or sell, trade or otherwise
dispose of surplus supplies, materials or equipment belonging to the
Town.
(4)
Prepare, issue, revise and maintain all bid specifications
and establish and maintain programs for specification development
and the inspection, testing and acceptance of products and services.
(5)
Prepare and adopt operational procedures, in accordance with Chapter 34 of the Town Code of Ordinances, governing the procurement functions of the Town.
(6)
Have the authority to declare vendors to be irresponsible
bidders and to disqualify them from receiving any business from the
Town.
(7)
To cancel, in whole or in part, an invitation to bid,
a request for proposals or any other solicitation or to reject, in
whole or in part, any and all bids or proposals when it is in the
best interests of the Town.
(8)
To require, when necessary, bid deposits, performance
bonds, insurance certificates and labor and material bonds or other
similar instruments or security which protect the interests of the
Town.
(9)
Procure for the Town, School and Library Departments
all federal and state tax exemptions to which they are entitled.
(10)
Ensure that the Town, School and Library Departments
are exempt from state fair trade laws as provided by the Connecticut
General Statutes.
(11)
Join with other units of government and with private
sector organizations in cooperative purchasing plans when the best
interests of the Town would be served.
B.
Delegation to other Town officials. With the approval
of the Town Manager, the Purchasing Agent may delegate any portion
of the authority to purchase certain products and services to other
Town officials if such delegation is deemed necessary and appropriate
for the effective and efficient operation of Town government and for
the procurement of those items. Such delegation shall be in writing
and shall state the specific responsibilities and duties delegated.
The Purchasing Agent may revoke such delegation, in writing, at any
time. The person to whom such authority is delegated shall be responsible
for complying with the requirements of the Charter, this article and
any rules or regulations which may exist relating to the execution
of the procurement process.
C.
Methods of source selection.
(1)
In accordance with Chapter VI of the Town Charter,
unless otherwise prescribed by law, the Purchasing Agent shall take
advantage of all prudent purchasing methods and opportunities available
in the marketplace. This includes, but is not limited to, such methods
as competitive sealed bids, competitive sealed proposals, competitive
negotiation, sole-source procurement, small purchase procedures, credit
card procedures, bulk ordering, emergency purchases, multistep bidding,
internet purchasing, use of cooperative purchasing plans and public
auctions.
(2)
In deciding which method to utilize, the Purchasing
Agent shall take into consideration the following factors:
(a)
How to obtain the best value for the commodity.
(b)
Whether or not to utilize a fixed-price or fixed-service
contract under the circumstances.
(c)
Whether quality, availability or capability is overriding
in relation to price.
(d)
Whether the initial installation needs to be evaluated,
together with subsequent maintenance and service capabilities and
what priority should be given these requirements.
(e)
What benefits are derived from product or service
compatibility and standardization and what priority should be given
these requirements.
(f)
Whether the marketplace will respond better to a solicitation
permitting not only a range of alternative proposals, but evaluation,
discussion and negotiation of them before making the award.
(g)
What is practicable and advantageous to the Town.
(h)
The availability of vendors.
(i)
The efficiency of the process.
(j)
The fair and equitable treatment of potential participants.
(k)
The degree to which specifications can be made clear
and complete.
(l)
The timeliness of the process to the needs of the
Town.
(3)
The Purchasing Agent shall prepare and adopt rules
and regulations pertaining to the policies and procedures to be followed
in using any method of source selection.
D.
Award of contract. The Purchasing Agent shall award
a contract to the vendor who offers the best value to the Town. Best
value shall be determined by consideration of some or all of the following
factors as deemed appropriate by the Purchasing Agent:
(1)
The quality, availability, adaptability and efficiency
of use of the products and services to the particular use required.
(2)
The degree to which the provided products and services
meet the specified needs of the Town, including consideration, when
appropriate, of the compatibility with and ease of integration with
existing products, services or systems.
(3)
The number, scope and significance of conditions or
exceptions attached or contained in the bid and the terms of warranties,
guaranties, return policies and insurance provisions.
(4)
Whether the vendor can supply the product or service
promptly, or within the specified time, without delay or additional
conditions.
(5)
The competitiveness and reasonableness of the total
cost or price, including consideration of the total life-cycle cost
and any operational costs that are incurred if accepted.
(6)
A cost analysis or a price analysis, including specific
elements of costs, the appropriate verification of cost or pricing
data, the necessity of certain costs, the reasonableness of amounts
estimated for the necessary costs, the reasonableness of allowances
for contingencies, the basis used for allocation of indirect costs
and the appropriateness of allocations of particular indirect costs
to the proposed contract.
(7)
A price analysis involving an evaluation of prices
for the same or similar products or services. Price analysis criteria
include, but are not limited to price submissions of prospective vendors
in the current procurement, prior price quotations and contract prices
charged by the vendor, prices published in catalogues or price lists,
prices available on the open market and in-house estimates of cost.
(8)
Whether or not the vendor can supply the product or
perform the service at the price offered.
(9)
The ability, capacity, experience, skill and judgment
of the vendor to perform the contract.
(10)
The reputation, character and integrity of the vendor.
(11)
The quality of performance on previous contracts or
services to the Town or others.
(12)
The previous and existing compliance by the vendor
with laws and ordinances or previous performances relating to the
contract or service or on other contracts with the Town or other entities.
(13)
The sufficiency, stability and future solvency of
the financial resources of the vendor.
(14)
The ability of the vendor to provide future maintenance
and service for the use of the products or services subject to the
contract.
(15)
In the case of tie bids, local vendor to receive preference.
If all bids received are for the same net total amount or unit price,
the quality and service being equal and no evidence of collusion,
the contract shall be awarded to a vendor having his or her or principal
place of business located in West Hartford.
E.
Common specifications and standards.
(1)
In accordance with the Town Charter, all of the Town's
departments, agencies, boards and commissions (including the Board
of Education and Library Board) shall work together to identify common
needs and establish standard specifications for the purchase of goods
and contractual services which are commonly used by more than one
department, agency, board or commission.
(2)
The Purchasing Agent shall be responsible for identifying
goods and contractual services common to the needs of the Town, School
Department and libraries and their boards and commissions and for
preparing and utilizing standard written specifications submitted
for such goods and contractual services. After adoption, each standard
specification shall, until revised or rescinded, apply alike in terms
and effect to every purchase and contract for said goods or contractual
service. The Town Manager may exempt any using agency of the Town,
school or library from use of the goods or contractual services in
such standard specification if, in the Town Manager's judgment, it
is to the best interest of the Town, school or library to so do.
F.
Sole source procurement and brand name specification.
(1)
It is the policy of the Town to encourage fair and
practicable competition consistent with obtaining the best possible
value for the necessary products and services required by the Town.
Since the use of sole source procurement or a brand name specification
is restrictive, it may be used only when the Purchasing Agent makes
a written determination that there is only one practical source for
the required product or service or that only the identified brand
name item or items will satisfy the Town's needs and the Town Manager
concurs with such finding. A requirement for a particular brand name
does not justify a sole source procurement if there is more than one
potential vendor for that product or service.
(2)
Any request by a using agency that procurement be
restricted to one potential contractor or be limited to a specific
brand name shall be accompanied by an explanation as to why no other
will be suitable or acceptable to meet the need.
(3)
A record of all sole source procurements and brand
name specifications shall be maintained. Sole source records shall
list each contractor's name, the amount and type of each contract,
a listing of the products or services procured under each contract
and the effective dates of the contract. Brand name records shall
list the brand name specification used, the number of suppliers solicited,
the identity of these suppliers, the supplier awarded the contract
and the contract price. These records for each fiscal year shall be
submitted to the Town Council at the end of each fiscal year.
G.
All purchases made and contracts executed by the Purchasing
Agent shall be pursuant to a written or electronic requisition from
the head of the office, department or agency whose appropriation will
be charged, and no contract or order shall be issued to any vendor
unless and until the Director of Finance certifies that there is to
the credit of such office, department or agency a sufficient unencumbered
appropriation balance to pay for the supplies, materials, equipment
or contractual services for which the contract or order is to be issued.
This requirement may be deferred in the event that an emergency situation
requires prompt action by the Purchasing Agent.
H.
The responsible head of each department, office, institution,
board, commission, agency or instrumentality of the Town, School or
Library Departments shall certify, in writing, to the Purchasing Agent
the names of such officers or employees who shall be exclusively authorized
to sign requests for such respective department, office, institution,
board, commission, agency or instrumentality, and all requests for
purchases shall be void unless executed by such certified officers
or employees and approved by the Purchasing Agent. The term "responsible
head," as used herein, shall, in the case of the municipal authorities,
be such member, members or committee thereof as shall be designated
by appropriate resolution or order adopted by such municipal authorities.
No undertaking shall be split into parts, by the requesting agent
or otherwise, so as to avoid complying with any legal obligation or
determination of the Purchasing Agent requiring the undertaking to
be bid competitively.
I.
Professional services. The procurement of professional
services shall be exempt from any requirements for competitive sealed
bidding. The Town Manager shall have the authority and responsibility
to execute professional service contracts on behalf of the Town, except
contracts for legal services, which shall be executed by the Corporation
Counsel. All contracts for professional services shall be negotiated
and executed in accordance with the following guidelines:
(1)
A description of the professional services required
shall be written for all requests for professional services. They
shall be written in such a manner as to describe the requirements
to be met, without having the effect of exclusively requiring a proprietary
product or service, or procurement from a sole source, unless approved
in accordance with the requirements of this article.
(2)
The preferred method of obtaining professional services
shall be through the use of competitive negotiation. The process used
for the solicitation of proposals shall assure that a reasonable and
representative number of vendors are given an opportunity to compete.
The Town Manager may limit the number of qualified vendors considered
and may approve solicitation by invitation or public notice.
(4)
Definition.
(a)
"Professional services" are defined as:
[1]
Work requiring knowledge of an advanced type
in a field of study and which frequently require special credentialing,
certification or licensure. Such areas include but are not limited
to engineers, architects, appraisers, medical service providers, consultants,
actuaries, banking services; or
[2]
Work that is original and creative in character
in a recognized field or artistic endeavor or requires special abilities
and depends primarily on a person's invention, imagination or creative
talent. Such fields or artistic endeavor include but are not limited
to the following: health and fitness, cultural arts, crafts, ice skating,
specialty area instructors; and
[3]
Work that requires consistent exercise of independent
discretion and judgment to perform according to their own methods
and without being subject to the control of the Town except as to
the result of the work.
(b)
Professional service providers shall not be dependent
on the Town as their sole client and must be clearly considered an
independent contractor as opposed to an employee as defined by state
and federal laws, regulations and court decisions.
J.
Custody of contracts. All contracts for goods, contractual services and professional services to which the Town is a party shall be kept in the office of the Purchasing Agent and shall be under the care and custody of the Purchasing Agent unless the Purchasing Agent has delegated the authority to take custody of such a contract to another Town official in accord with Subsection B of this section. All other contracts to which the Town is a party or to which any officer or board, bureau or commission of the Town, acting in behalf of the Town, is a party shall be kept on file in the Town Clerk's office and shall be under the care and custody of the Town Clerk. When any officer, board, bureau or commission of said Town shall require any original contract in which the Town is interested, as aforesaid, the contract shall not be taken from the Town Clerk's or Purchasing Agent's office until such officer, board, bureau or commission has given a receipt therefor, and a copy of such contract shall be filed with the Town Clerk or Purchasing Agent as soon as the same can be made. The above provisions shall not apply when any such contract is needed for temporary use in the Town building and is returned on the same day that it is taken.
[Added 9-10-1997; amended 2-24-1998]
A.
Authority. After reasonable notice to the person involved
and reasonable opportunity for that person to be heard, the Purchasing
Agent, after consultation with the appropriate library, Town or school
agency and the Corporation Counsel, shall have authority to debar
a person for cause from consideration for award of contracts. The
debarment shall not be for a period of more than three years. The
authority to debar shall be exercised in accordance with procedures
promulgated by the Purchasing Agent.
B.
Causes for debarment. The causes for debarment include
the following:
(1)
Conviction for commission of a criminal offense as
an incident to obtaining or attempting to obtain a public or private
contract or subcontract, or in the performing of such contract or
subcontract;
(2)
Conviction under state or federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property or any other offense indicating a lack of
business integrity or business honesty which currently, seriously
and directly affects responsibility as a Town contractor;
(3)
Conviction under state or federal antitrust statutes
arising out of the submission of bids or proposals:
(4)
Violation of contract provisions, as set forth below,
of a character which is regarded by the Purchasing Agent, after consulting
with the head of the operating department, to be so serious as to
justify debarment action:
(a)
Failure without good cause to perform in accordance
with the specifications or within the time limit provided in the contract;
or
(b)
A recent record of failure to perform or of
unsatisfactory performance in accordance with the terms of one or
more contracts, provided that failure to perform or unsatisfactory
performance caused by acts beyond the control of the contractor shall
not be considered to be a basis for debarment; or
(c)
A history of delayed payments to or nonpayment
to subcontractors, provided that failure to pay a subcontractor as
a result of a pending dispute with regard to the work performed or
amounts due shall not be considered for this purpose during the pendency
of proceedings to resolve the dispute;
(5)
Determination by the State Department of Labor that
the contractor has not complied with the requirements of law relating
to the payment of wages or other related matters;
(6)
Any other cause the Purchasing Agent determines to
be so serious and compelling as to affect responsibility as a Town
contractor, including debarment by another government entity for any
reasonable cause.
C.
Decision. The Purchasing Agent shall provide the person
with notice of his or her proposed written decision to debar. The
proposed decision shall state the reasons for the action taken.
D.
Notice of decision. The proposed decision under Subsection B(3) of this section shall be final and conclusive unless the person requests a meeting with the Purchasing Agent within 10 days of the mailing of the notice, which meeting shall be held within seven days of the request. Following said meeting, the Purchasing Agent shall review his or her proposed decision and shall notify by mail the person requesting the hearing of his or her final decision within seven days of said meeting.
[Added 10-10-1972; amended 1-25-1983; 6-28-1994; 10-10-1995]
A.
It shall be the exclusive responsibility and duty
of the Town Manager or his/her designee to contract for services of
a broker to assist the Town in the procurement of insurance coverage,
and said broker shall be designated as the "agent of record." In pursuit
of this responsibility, the Town Manager or his/her designee shall
solicit proposals for professional services from business firms licensed
to perform, and otherwise capable of performing, such services in
the State of Connecticut. Such proposals shall be based upon a comprehensive
set of specifications included in a request for proposals (RFP) to
be issued by the Town Manager or his/her designee as provided by this
article, and said specifications shall include, at a minimum:
(1)
A resume of the qualifications of the proposer.
(2)
Documentation of the credentials of employees to be
assigned to administer the account, including such areas as claims
handling, loss prevention and safety administration.
(3)
Evidence that the proposer is a full-service organization
with expertise in and market access to all aspects of the Town's insured
program and its retentions, as well as fully self-insured risks.
B.
Proposals shall be made for a minimum period of three
years, with an option to extend for two additional years at the discretion
of the Town Manager or his/her designee. The final terms of service
shall be set forth in contract form.
C.
The procedure for the awarding of the contract for
services of the agent of record shall be those customary for selecting
a professional service firm as well as those outlined in this article.
Remuneration shall be based upon the fee for services set forth in
the proposals, which shall include estimates of elements of the total
remuneration which may be drawn from commissions, where applicable,
as well as separately proposed pricing for the administrative support
services with respect to both insured and self-insured Town programs.
The latter fees shall be stated on an hourly basis for services rendered.
[Added 11-15-1977]
At least one week prior to the public hearing
on any capital project requiring the issuance of bonds or notes by
the Town of West Hartford, the Town Manager shall submit to the Council
a reasonably detailed briefing memorandum outlining the effect of
the project on surrounding property owners and evaluating the environmental
impact of the project, both during construction and upon completion.
Said briefing memorandum shall include, but not be limited to, such
matters as drainage, traffic, air pollution and vegetation.
